Sarkozy Eyes New Anti-Piracy Law

by Ulrika Lomas, Tax-News.com, Brussels

24 November 2011

During a recent forum on culture in the digital age in Avignon, French President Nicolas Sarkozy underlined the need to extend the fight against Internet piracy to online streaming.

He also confirmed that a National Music Centre would be established to promote music creation and diversity, to be financed by a tax imposed on Internet service providers (ISPs).

Indicating that a new anti-streaming law could be set up targeting sites illegally distributing content, notably films, President Sarkozy warned that just as technology evolves, providing new developments, so too will legislation be adapted accordingly.

Envisaged by the President, the proposed new law, currently dubbed “Hadopi 3”, and named after the independent authority responsible for the dissemination of works and the protection of rights on the Internet in France, could take two forms: either the creation of a new crime, targeting Internet users accessing the particular sites in question, or a filtering method based on the model that currently exists for gambling sites.

During the course of his speech, President Sarkozy also welcomed the fact that Internet piracy on peer-to-peer networks had fallen by 35% over the course of a year, praising the significant efforts of the Hadopi authority.

In accordance with Hadopi's “three strikes” graduated response process, designed to bring about a change in consumer behaviour, and to encourage the development of legal online services, warning emails are initially dispatched to Internet users caught illegally downloading works protected by copyright, including films or songs.

If Internet users who have already received a warning email once again come under the radar of TMG, the company mandated with supervising peer-to-peer networks on behalf of rights holders, they are then sent a registered letter in addition to a further email.

The issuing of the letter signals the beginning of the penal phase as it will be included in the individual’s judiciary file in cases where the Internet user is summoned before a judge (third and final phase of the process).

Punishment includes a fine of EUR1,500 and the suspension of the individual's Internet account for a period of up to a month.

France’s anti-piracy law, which established Hadopi, entered into effect on January 1, 2010.

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